Opinion
C095339
11-14-2022
THE PEOPLE, Plaintiff and Respondent, v. BRANDON MICHAEL GENTRY, Defendant and Appellant.
NOT TO BE PUBLISHED
Super. Ct. Nos. 19CF05900 & 19CF07403
HOCH, ACTING P. JUDGE
Appointed counsel for defendant Brandon Michael Gentry asks this court to review the record to determine whether there are any arguable issues on appeal. (People v. Wende (1979) 25 Cal.3d 436.) Finding no arguable error that would result in a disposition more favorable to defendant, we will affirm the judgment.
BACKGROUND
On September 12, 2019, defendant was stopped by a police officer for failing to stop at a stop sign. After learning defendant was on probation, as well as a documented gang member, the officer searched defendant's car. The officer found a loaded handgun in between the driver's seat and center console and a pill bottle containing ammunition. Defendant was arrested and charged with unlawful firearm activity and possession of ammunition in Butte County Superior Court case No. 19CF05900 (case No. 900). On October 2, 2019, defendant pleaded no contest to both charges; he was released on his own recognizance.
On November 13, 2019, while out on his own recognizance, defendant was again stopped for a traffic violation. The officer conducted a patdown search of defendant and found a fixed-blade knife, methamphetamine, and drug paraphernalia. Defendant was arrested and charged in Butte County Superior Court case No. 19CF07403 with a single felony, carrying a dirk or dagger, and two drug-related misdemeanors. The People also alleged defendant committed the felony offense while released on his own recognizance in case No. 900.
On February 5, 2020, following an unsuccessful Marsden motion, defendant pleaded no contest to possessing a dirk or dagger and admitted he committed the offense while released on his own recognizance in case No. 900. Resolving both cases, the trial court placed defendant on three years of formal probation and ordered him to serve 280 days in county jail.
People v. Marsden (1970) 2 Cal.3d 118.
Defendant violated his probation twice and was reinstated twice before December 8, 2021, when defendant again violated probation and was sentenced to an aggregate term of five years four months in state prison.
Defendant timely appealed but did not obtain a certificate of probable cause.
DISCUSSION
Appointed counsel filed an opening brief setting forth the facts of the case and asking this court to review the record and determine whether there are any arguable issues on appeal. (People v. Wende, supra, 25 Cal.3d 436.) Defendant was advised by counsel of the right to file a supplemental brief within 30 days from the date the opening brief was filed, but to date, has not done so. Our review of the record pursuant to Wende disclosed no arguable errors in defendant's favor.
DISPOSITION
The judgment is affirmed.
We concur: RENNER, J, EARL, J.